OCCUPATIONAL DRIVERS LICENSE INFORMATION PACKET

Transcription

1 OCCUPATIONAL DRIVERS LICENSE INFORMATION PACKET

2 OCCUPATIONAL DRIVER'S LICENSE SUSPENDED OR REVOKED DRIVER'S LICENSE 1 Your driver's license may be suspended or your right to get a license can be denied for many reasons, such as: Refusing to take a breath test Failing a breath test Having any detectible amount of alcohol while driving if you're under 21 Causing an auto accident while driving without insurance Possession of Marijuana or other controlled substances. 2. What is an occupational or restricted license? An occupational or restricted license is a special restricted license authorized by a Court and issued to persons whose license has been suspended or revoked for certain offenses. This restricted or occupational license authorizes the operation of a non-commercial motor vehicle in connection with a person's occupation, for educational purposes or in the performance of essential household duties. 3. Is the Order from the Court the actual occupational or restricted license? No, this is the order granting the occupational license. The Court Order and all other required items need to be submitted to the Texas Department of Public Safety (DPS) so an occupational or restricted license can be issued. The Court Order may be used as a temporarily restricted license for 45 days from the date of the judge's signature while DPS processes the occupational license, and is to be kept in the glove box of the motor vehicle you operate. 4. Can you drive a commercial motor vehicle with an occupational or restricted license? No, If a person's driver license or the privilege to drive is suspended, revoked, cancelled, or denied under any law in this state, the person may not be granted an occupational, restricted or "essential need" license to operate a commercial motor vehicle. 5. What are the requirements for obtaining the occupational/restricted license in a DWI or ALR suspension case? To be eligible to apply for the occupational/restricted license, the person (Petitioner) must have a legitimate essential and actual need to drive a motor vehicle for transportation to and from his/her work place, to attend class at an educational facility, or to perform essential household duties.

3 INSTRUCTIONS FOR ESSENTIAL NEED LICENSE These instructions are provided strictly as a courtesy. You should contact an attorney or the Texas Department of Public Safety if further assistance is needed. 1. Obtain proof of financial responsibility (Form SR-22) from your insurance carrier and a Copy of your Driving Record from the Texas Department of Public Safety. 2. Complete the Petition for Occupational License, Exhibit "A", and Form DIC-37 (last page attached to Petition). Upon completion, you must file the Petition with the Justice Court Clerk. There is a filing fee. Contact the Court for the required filing fee amount. 3. After filing the Petition with the Justice Court Clerk, a hearing will be set on your Petition. NOTE: If the Petition and Exhibit "A" are not completely filled out, it will not be considered. 4. At the hearing, you will be required to provide the Court proof of liability insurance coverage on the vehicles you will be driving. Proof may be in the form of a SR-22 and a copy of your driving record. At the hearing, the Presiding Judge will consider your Petition. The Petitioner is required to attend the hearing. required 5. If the Presiding Judge grants your Petition, you will be given one certified copy of the Order. You must carry one certified copy with you at all times when driving a motor vehicle and present it to any peace officer upon request. YOU WILL ALSO BE REQUIRED TO KEEP A TRAVEL LOG (EXHIBIT "C"). You should continue to carry the certified Order and maintain the travel log after you receive your occupational license from the Texas Department of Public Safety. FAILURE TO DO SO WILL RESULT IN REVOCATION OF THE LICENSE. A second certified copy of the Order will be sent to the Texas Department of Public Safety. The following certified copies will be sent to the Texas Department of Public Safety by the Court: (a) (b) (c) a certified copy of the Order Granting Occupational License; Form SR-22 (from insurance agent) Form DIC-37 (completed); 6. Once the Court submits the certified copy of the Order to the Texas Department of Public Safety, it is the responsibility of the petitioner to contact the Texas Department of Public Safety at or at the address below to pay any applicable fees or submit any additional information the Department may require.

4 Driver Improvement and Control Bureau Texas Department of Public Safety Occupational License Section P.O. Box Austin, TX Additional information concerning occupational licenses may be obtained from the Texas Department of Public Safety in Austin, Texas, at: "Driver Improvement" - (512)

5 CHECKLIST FOR ESSENTIAL NEED LICENSES: , Texas Transportation Code - proof of liability insurance. Insurance: Petitioner must have (b) and (d), Texas Transportation Code - Jurisdiction: Jurisdiction for Justice Courts includes the precinct or county in which: (1) The person resides; or (2) the offense occurred for which the license was suspended. Justice Courts do not have jurisdiction over suspensions of licenses for convictions of the following offenses: (1) Texas Penal Code (2) Texas Penal Code (3) Texas Penal Code (4) Texas Penal Code The County and District Courts have jurisdiction over license suspensions for the above offenses. The Justice Courts do have jurisdiction over, but are not limited to, administrative suspensions for Failing a Breath Test, Chapter 524 of the Texas Transportation Code, or Refusing to Take a Breath Test, Chapter 724 of the Texas Transportation Code , Texas Transportation Code - Required counseling: If Petitioner's suspension is for refusing/failing the breath/blood test, then he/she is required to attend a program designed to provide counseling and rehabilitation services to persons for alcohol dependence. Cannot be the same programs covered by DWI School or Repeat Offender School , Texas Transportation Code - Restrictions: Person may not operate a vehicle more than four (4) hours in any twenty-four (24) hour period unless waived for good cause, then not more than twelve (12) hours in any twenty-four (24) period , Texas Transportation Code - need license takes effect: Effective Dates: The essential (1) Immediately: (2) 91st day: (3) 1s1 s t day: If suspended for failing/refusing breath test and no suspensions for failing/refusing breath test or DWI within five (5) years prior; If suspended for failing/refusing breath test and there has been a suspension for failing/refusing breath test within five (5) years prior; If there is a suspension within five (5) years prior for conviction of DWI, Intoxication Assault or Intoxication Manslaughter.

6 DOCUMENTS REQUIRED TO BE FILED WITH THE COURT FOR OCCUPATIONAL LICENSE. 1. Original Petitions with Oath (Verified Petition) 2. A copy of the Petitioner's driving record 3. DIC-37 ( Filled out) 4. SR-22 (for all vehicles to be driven) 5. Exhibit A Restrictions Requested by Petitioner (Filled out) 6. Justice Court Civil Information Sheet

7 ; NO. THE STATE OF TEXAS vs. NAME: Petitioner TDL: Petitioner's Texas Driver's License Number IN THE JUSTICE COURT PCT. OF BANDERA COUNTY, TEXAS ORIGINAL PETITION FOR OCCUPATIONAL LICENSE TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW,, Petitioner herein, applying for an Occupational License to meet essential need pursuant to of the Texas Transportation Code, and would show the Court as follows: I. YES NO Is Petitioner's Texas Driver's License suspension due to physical or mental disability or impairment? IF YES, THE COURT MAY NOT GRANT THIS PETITION. YES NO In the ten (10) years preceding the date of filing of the Petition, has Petitioner held more than one (1) occupational license? If YES, list dates issued: YES NO Is Petitioner's Texas Driver's License currently suspended for the reason of a conviction for failing to maintain financial responsibility? YES NO Is Petitioner's Texas Driver's License currently suspended for the reason of failing/refusing a breath/blood test following a DWI arrest? -- YES NO Is Petitioner's Texas Driver's License currently suspended for the reason of a conviction for DWI, Intoxication Assault, Intoxication Manslaughter or Criminal Negligent Homicide? If YES: Cause No. Offense: Court: Date of Conviction: County: OTHER: Petitioner's Texas Driver's License is currently suspended for the reason of:

8 Age: IL Other persons in Petitioner's household who possess a driver's license but are not able to provide transportation necessary for Petitioner's employment, education, and/or household duties: Name: Name: Name: Name: Relationship: Age: Relationship: Age: Relationship: Age: Relationship: III. Petitioner has an essential need for him/her to drive and operate a motor vehicle on the highways and streets of the State of Texas for the specific purposes and under the specific terms, restrictions, and conditions requested in Exhibit "A", which is attached hereto and made a part hereof for all purposes. (Name of Petitioner) (Address) (Telephone Number)

9 STATE OF TEXAS COUNTY OF BANDERA BEFORE ME, THE UNDERSIGNED AUTHORITY, on this day personally appeared, who being by me duly sworn, on his/her oath and said that he/she is the Petitioner in the above-styled and numbered cause, that he/she read the foregoing Original Petition for Occupational License, and that every statement is within his/her knowledge and is true and correct. (Printed Name), Petitioner SUBSCRIBED AND SWORN to before me, to certify which witness my hand and seal of office on this the day of 20 Notary Public in and for the State of Texas

10 EXHIBIT "A" RESTRICTIONS REQUESTED BY PETITIONER Petitioner has essential need to operate a motor vehicle in the following manner and conditions: Days of the week for operation of a motor vehicle (circle days for each applicable purpose) : Employment purposes: Sun; Mon; Tues; Wed; Thurs; Fri; Sat (Saturday and Sunday as may be scheduled). Educational purposes: Sun; Mon; Tues; Wed; Thurs; Fri; Sat (Saturday and Sunday as may be scheduled). Household duty purposes: Sun; Mon; Tues; Wed; Thurs; Fri; Sat Probationary and community service purposes: Sun; Mon; Tues; Wed; Thurs; Fri; Sat Travel shall not exceed: four (4) hours; twelve (12) hours of actual operation during any twenty-four (24) hour period. The actual hours of travel may vary and, therefore, a Travel Log will be kept. Travel is permitted during the following hours:.m. to.m. List counties of travel: -- Travel is permitted between residence and employment: Residence: Employer: Employer's address: Employer's phone no.: If travel is required during the course of employment, the Petitioner shall carry Work Orders specifying the reason for travel, destination and expected travel hours. Under these circumstances, the maximum radius of travel is miles from and to include only the hereinabove listed. Travel is permitted to educational facilities: School name: --- Schoo I address: School's phone no. :

11 County, Travel is permitted in the performance of household duties (that no one else in the household is able to perform on behalf of Petitioner): YES NO within limits of Texas. Travel is permitted to comply with probationary reporting requirements, program requirements, and in the performance of community service assignments: Probation Officer: County: Location: --- Phone No.: Probationary and other "special" circumstances where travel is permitted: REVIEWED: (Name of Petitioner) BANDERA COUNTY ATTORNEY

12 DATA FOR TEXAS OCCUPATIONAL DRIVER'S LICENSE PRINT OR TYPE: First Middle Last Address: Street Address City State Zip Code Date of Birth Sex Color Color Weight Height Driver's Month Day Year Eyes Hair Pounds Ft. Inch License No. I I I This is to certify that I am the person named and described herein. Usual Signature of Applicant Mail to: Driver Improvement and Control Occupational License Section Texas Department of Public Safety P.O. Box Austin, TX INFORMATION BELOW THIS LINE IS FOR DEPARTMENT USE ONLY DATE OF ISSUE: EXPIRE: (DIC-37)

13 WHAT IS AN SR-22? EXPLANATION SR-22 (insurance) In the United States, an SR-22 is a vehicle liability insurance document used by some state Department of Motor Vehicles (OMV) offices. It provides proof that a driver has the minimum required insurance liability insurance coverage for a particular state. A OMV may require an SR-22 from a driver in order to reinstate his or her driving privileges following an uninsured car accident or conviction of another traffic related offense, such as Driving While Intoxicated (DWI). For drivers who require SR-22 documentation, but do not own a vehicle, the state may require such drivers to obtain and provide proof of non-owner SR-22 policy to be eligible for reinstated driving privileges. An SR-22 may be required for three years for driving without insurance or driving with suspended license and up to five years for Driving While Intoxicated (DWI). If an SR-22 should expire or be canceled, the insurance company is required to issue an SR-26 form, which certifies the cancellation of the policy.

14 JUSTICE COURT CIVIL CASE INFORMATION SHEET (4/13) CAUSE NUMBER (FOR CLERK USE ONLY): STYLED (e.g., John Smith v. All American Insurance Co; In re Mary Ann Jones; In the Matter of the Estate of George Jackson) A civil case information sheet must be completed and submitted when an original petition is filed to initiate a new suit. The information should be the best available at the time of filing. This sheet, required by Rule of Civil Procedure 502, is intended to collect information that will be used for statistical purposes only. It neither replaces nor supplements the filings or service of pleading or other documents as required by law or rule. The sheet does not constitute a discovery request, response, or supplementation, and it is not admissible at trial. 1. Contact information for person completing case information sheet: Name: Address: City/State/Zip: Telephone: Fax: State Bar No: Signature: 2. Names of parties in case: Plaintiff(s): (Petitioner if applicable) Petitioner is filing for an Occupational License Applicant is filing for an Order for Retrieval of Property Truancy Defendant(s): (Attach additional page as necessary to list all parties) 3. Indicate case type, or identify the most important issue in the case (select only 1): Debt Claim: A debt claim case is a lawsuit brought to recover a debt by an assignee of a claim, a debt collector or collection agency, a financial institution, or a person or entity primarily engaged in the business of lending money at interest. The claim can be for no more than $10,000, excluding statutory interest and court costs but including attorney fees, if any. Repair and Remedy: A repair and remedy case is a lawsuit filed by a residential tenant under Chapter 92, Subchapter B of the Texas Property Code to enforce the landlord s duty to repair or remedy a condition materially affecting the physical health or safety of an ordinary tenant. The relief sought can be for no more than $10,000, excluding statutory interest and court costs but including attorney fees, if any. Eviction: An eviction case is a lawsuit brought to recover possession of real property, often by a landlord against a tenant. A claim for rent may be joined with an eviction case if the amount of rent due and unpaid is not more than $10,000, excluding statutory interest and court costs but including attorney fees, if any. Small Claims: A small claims case is a lawsuit brought for the recovery of money damages, civil penalties, personal property, or other relief allowed by law. The claim can be for no more than $10,000, excluding statutory interest and court costs but including attorney fees, if any. (Occupational License, Order of Retrieval, and Truancy cases to be reported in Small Claims)